FIRST OFFENDER? DEFEND MISCHIEF CHARGES IN BRAMPTON.  416-DEFENCE.

Donich Law frequently defends high-profile mischief charges in Toronto, Brampton and elsewhere in the GTA and across Ontario. Being arrested and charged with a criminal offence can be a disconcerting experience for anyone, especially first-time offenders. Donich Law has experience representing a wide variety of individuals charged with a variety of mischief charges. In many cases, we have been able to resolve our clients matters without a criminal record.

In R. v. A.T. [2018], the Firm represented an individual charged with arson and disregard for human life after the accused allegedly burned down an apartment building causing over $100,000 in damage. After two years of litigation, the Firm beat the charge after challenging the evidence given by the Fire Marshal as to the origin of the fire.

In 2017, the Firm secured the judicial interim release of a woman charged with mischief after climbing onto a crane in Toronto and becoming stuck. The woman, dubbed “crane girl”, had to be rescued after becoming stuck on top of the crane and was charged with six counts of mischief. In R v. A.W. [2017], the Firm defended a Toronto schoolteacher who was charged with mischief after pulling a fire alarm and using a fire extinguisher inside a condo, costing $5,000 in Toronto Fire Service resources. The Firm was able to negotiate with the Crown and ultimately had the charges withdrawn.

In R. v. C.M. [2015], the Firm represented an individual charged with mischief after throwing water on slot machines at Toronto’s Woodbine Racetrack. After negotiating with the Crown, the Firm was able to have the charges withdrawn. In R. v. K.C. [2015], the Firm represented an individual charged with mischief after intentionally clogging a toilet at a Toronto Police Station.

In R. v. M.S. [2014], the Firm represented an individual charged with mischief after running naked, or “streaking”, across the field at a Toronto Blue Jay’s game. The Firm was able to have the charges dropped, avoiding a criminal record for the accused.

If you have been charged with a mischief related offence in Brampton, Donich Law can assist you in developing the best strategy to defend your charges. We have experience defending a wide variety of mischief offences and frequently obtain positive results for our clients.

 Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

CP24: Sentencing Hearing for Chair Girl.

CP24: Woman rescued from Crane in Toronto released on Bail on April 28, 2017.

Frequently Asked Questions

What is Mischief?
What are Common ways Individuals get Charged with Mischief in Brampton?
What are the Consequences of a Mischief Conviction in Peel?
-Mischief Related to Property
-Mischief Related to Religious Property or Educational Institutions
-Mischief in Relation to War Memorials
-Mischief in Relation to Cultural Property
-Mischief in Relation to Computer Data
-Mischief Endangering Life 
Will a Mischief Conviction Affect Other Aspects of my Life?

Additional Resources

Assault
Assaulting a Peace Officer
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

What is Mischief?

The offence of mischief is outlined in section 430(1) of the Criminal Code. The Code states that an individual is guilty of the offence of mischief where they willfully damage or destroy property, render property dangerous, useless, ineffective or inoperable, or interfere or interrupt the lawful use, enjoyment or operation or property. Section 430(1.1) states that an individual is guilty of mischief in relation to computer data where the accused alters computer data, renders data meaningless, useless or ineffective, obstructs, interferes or interrupts the lawful use of computer data, or denies access to the person who is entitled to the data.

What are Common ways Individuals are Charged with Mischief in Brampton?

Due to the very broad definition provided in the Criminal Code, there are a wide variety of actions that may qualify as mischief. One of the most common ways individuals are charged with mischief are situations where one individual breaks the property of another individual. This often occurs in domestic situations where a couple gets into a domestic disagreement and property inside the home gets broken. Another common way an individual may be charged with mischief is scenarios where individuals interfere with the use or operation of property that does not belong to them. For example, an individual who runs onto the field during a professional sporting event will be charged with mischief. Another common example is individuals who trespass onto construction sites and become stuck. If their rescue causes the construction site to be inoperable for any period of time, the accused will be charged with mischief.

What are the Consequences of a Mischief Conviction in Brampton?

Due to the wide variety of acts that may be considered mischief, the penalties upon conviction vary significantly depending on the severity of the allegations. When sentencing an individual convicted of mischief, the Court will look at the type property that was damaged. There are different sentencing guidelines depending on the nature of the mischief that was committed.

Mischief Related to Property

Mischief in relation to property offences are separated based on the value of the damage caused. If an individual commits mischief in relation to property and the value of the damage exceeds $5,000, or involves a testamentary instrument, the accused will be guilty of a dual procedure offence. This gives the Crown considerable discretion regarding the maximum penalty that may be imposed on the accused, based on the severity of the allegations. If the allegations are serious, the Crown will proceed by indictment and the accused will face a maximum of ten years’ imprisonment if they are convicted. If the allegations are less serious, the Crown will proceed summarily, and the accused will face a maximum of two years less a day imprisonment and/or a $5,000 fine upon conviction.

All other mischief in relation to property offences will be considered dual procedure offences. Where the Crown proceeds by summary conviction, the accused will face two years less a day imprisonment, a $5,000 fine, or both. Where the Crown proceeds by indictment, the accused will face a maximum of two years’ imprisonment upon conviction.

In addition to mischief in relation to property, the Criminal Code also sets more severe penalties for mischief in relation to certain types of property including; religious property, educational institutions, war memorials, cultural property and computer data. The penalties for mischief relating to these types of properties are significantly more serious.

Mischief Related to Religious Property or Educational Institutions

If an individual commits mischief in relation to religious property or an educational institution, they will be guilty of a dual procedure offence depending on the severity of the damage caused. In cases where the damage is more serious the Crown will proceed by indictment and the accused will face up to ten years in prison if they are convicted. In cases involving less severe damage the Crown will proceed summarily and the accused will face up to two years less a day in prison, a $5,000 fine or both if they are convicted.

Mischief in Relation to War Memorials

If an individual commits mischief in relation to a war memorial they will be guilty of a dual procedure offence, meaning the Crown has discretion regarding, among other things, the maximum penalty the accused will face upon conviction. In cases involving serious damage, the Crown will proceed by indictment and the accused will face up to ten years in prison. In cases where the damage is more minor, the accused will face up to two years less a day in prison, a $5,000 fine or both. Regardless of whether the Crown proceeds by indictment or summarily, the accused will face a minimum of a $1,000 fine for a first offence, fourteen days in prison for a second offence and thirty days in prison for a third or subsequent offence.

Mischief in Relation to Cultural Property

An individual who commits mischief in relation to cultural property will be guilty of a dual procedure offence. Where the damage to the property is serious, the Crown will elect to proceed by indictment and the accused will face up to ten years in prison. If the damage is more minor the Crown will proceed summarily, and the accused will face up to two years less a day in prison and/or a $5,000 fine.

Mischief in Relation to Computer Data

Mischief in relation to computer data is a dual procedure offence. In cases where the damage done is more minor, the accused will face up to two years less a day in prison, a $5,000 fine, or both. In cases involving more serious damage, the accused will face up to ten years in prison.

Mischief Endangering Life

Mischief endangering life is the most serious of all mischief related offences. Section 430(2) of the Criminal Code states that an individual who engagers human life in the commission of their mischief offence is guilty of an indictable offence. If such an accused is convicted, they will face up to life in prison.

Due to the serious criminal sanctions that may result from a mischief conviction, it is important to contact qualified legal counsel as soon as possible if you have been charged. Donich Law can assist you in navigating the criminal justice system and creating the best defence for your set of allegations.

Will a Mischief Conviction Affect Other Aspects of my Life?

In many cases, yes. If an individual is convicted of a mischief offence, they will have a criminal record which can impact other aspects of their life. Those arrested and charged with a criminal offence may be terminated from their place of employment as a result of the charges. Additionally, those who have been convicted of a criminal offence, including mischief, may have a difficult time gaining employment in the future. Many employers require a background check prior to hiring a new employee and many will refuse to hire an individual with a criminal record.

In addition to employment issues, those who have been convicted of a criminal offence, including mischief, may have difficulty traveling outside of Canada. Many countries, including the United States, may refuse entry to those who have been convicted of a criminal offence. To ensure smooth travel to the United States, it may be necessary to get a travel waiver prior to attempting to travel.

Quick Facts

What is Mischief?

An individual is guilty of a mischief offence when they destroy, alter, render inoperable, obstruct, interrupt or interfere with property that does not belong to them. This definition can encompass a wide array of actions. Individuals are most commonly charged with mischief for destroying property belonging to another person.

How does the Crown Prove Mischief?

To prove the offence of mischief, the Crown must prove that the accused committed one of the acts outlined in section 430 of the Criminal Code. The Crown must prove that the accused person committed the act intentionally. The Crown need not prove that the accused intended for the specific type of damage that occurred, just that they intended for some damage to occur.

Can I go to Jail for Mischief?

Yes. Since the definition of mischief covers such a wide variety of acts, the possible sentences for those convicted of mischief also vary significantly. The maximum penalties for those convicted of mischief can range from two years less a day to life imprisonment, depending on the severity of the offence and the type of property damaged.

What are the Maximum Penalties for a Mischief Conviction?

Mischief is considered a hybrid offence, meaning the Crown has discretion regarding the maximum penalty that may be imposed if the accused is convicted. Where the Crown proceeds by summary conviction, the accused will face a maximum of two years less a day imprisonment, a $5,000 fine or both. If the Crown proceeds by indictment the maximum sentence for more serious mischief offences is life imprisonment.

What are the Best Defences for a Mischief Charge?

In many circumstances, mischief offences can be difficult to defend. In many situations, accused persons are caught on camera, either through surveillance footage or in some cases as a result of their own recordings. It is important to hire experienced legal counsel to assist in developing the best possible defence for your set or allegations.

Can a Mischief Conviction Affect my Ability to Travel?

Yes. Travel outside of Canada can become difficult with a criminal record. Many countries refuse entry to those who have been convicted of a criminal offence. The United States in particular is strict regarding whom they allow inside their borders. U.S. border agents reserve the right to refuse entry to almost anyone who has been convicted of a criminal offence.